Disposed

Durgam Jayamala v. State of Telangana

Telangana HC1 Jul 2025WP/542/2020

Case brief

AI extract

What is this about?

Petitioners challenged inclusion of their land in prohibited properties as Wakf land and the Sub-Registrar's refusal to register documents. The court disposed of the writ petition directing the registering authority to receive and register documents subject to compliance with the Registration Act and Indian Stamp Act.

What did the court decide?

Registering authority directed to receive, register and release documents for Sy.No.61 subject to compliance with the Registration Act, 1908 and Indian Stamp Act, 1899; any refusal must be reasoned an

Durgam Jayamala Vs State of Telangana — Property and Title | Telangana HC (2025)

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[³³⁰² ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 542 OF 2020

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Between:

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Durgam Jayamala, W/o. Damodar, Aged about 55^years, No.^26-25812, Hamalivada, IVIanchenal, Mancherial District.

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Anumandla Sai Krishna, S/o. late Balaji, Aged about 30^years,Rl/o. 3-550, Bazanvadi, Asifabad, Kumarambheem Asifabad District.

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Srirama Mahender, S/o. Narsaiah, Aged about 45^{years, R/o.Asifabad,} Kumarambheem Asifabad District.

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tVukka Krishna [/urthy, S/o. Vittal, Aged about 48^years, R/o 12-1312,^Jain Mandir Road, Asifabad, Kumarambheem Asifabad District.

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Guwala Papaiah, S/o. Looraiah, Aged about 60^years, No.^{7-125, Paikaji} Nagar,Asifabad,KumarambheemAsifabadDistrict.

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...'ET.T'ONERS

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AND

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'1 . State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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The District Collector, Kumarambheem Asifabad District.

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Telangana State Wakf Board, Razzak Manzil, Opp.^{PublicGardens,} Nampally, Hyderabad, Rep. by its Chief Executive Officer.

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The District Revenue Officer, Kumarambheem Asifabad^District.

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The District Registrar, Kumarambheem Asifabad^District.

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The Sub-Registrar, Asifabad, Kumarambheem^{AsifabadDistrict.}

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the^{4th respondentin} including the land in Sy.No.61 of Asifabad Village and^{Mandal,Kumarambheem} Asifabad District among the^{prohibited properties} by treating^{the same as a Wakf} property in Letter No.34lADB/Regnl2007 dated 22.O2.2014 and the consequential action of the 6th respondent in refusing to register the^{documents pertaining to} the said survey number, as illegal, arbitrary and unconstitutional^{and to issuea} consequential direction to the 6th^respondent to receive^{andregister documents}

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pertaining to land in Sy.No.61 of Asifabad Village and [t/ a rdal, Kumarambheem Asifabad District without reference to the letter of the 4tl- respondent in Letter No.34/ADB/Re gnl2O07 dated 22.02.20 1 4

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IA NO:^'l OF 2020

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Petition under :Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in :;upport of the petition, the High Cor ft may be pleased to direct the 6th respondent to receive and register documenls pertaining to land in Sy.No.61 of Asifabad Village & lVlandal, Kumarambheem A,;ifabad District without reference to the letter of the 4th respondent in Letter .10.34/ADB/Regn/2007 dated 22.02.2014, pending disposal of the Writ Petition

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Counsel for the Petitioner: SRl. VEDULA SRINIVAS

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Counsel for the Respondents: AGP FOR STAMPS AND RI:GISTRATION

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The Court made the following: ORDER

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".. -*tjal%=F .- - i.:.. ::. /

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PETITION No.542 OF 2O2O

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps ancl Registration appearing for the respondents.

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The learned Counsel lor the petitioners would subrnit tl-rat the present writ pctition questioning the^{action of the} respondent No.4 in including the land tn Sv.No.61 of Asifabad Village and Mandal, Kumarambheem-Asifabad District among the prohibitecl properties by treating^the samc as Wakf property in Letter No.34/ADB lRegnl2OOT dated 22.O2.2014 and consequential action o[^the rcspondent No.6 in refusing to register the documents a pertaining to the said surve)r numbcr and sought direction to the respondent No.6 to receive and register the documents pertaining to the land in Sy.No.61, without reference to the letter No.3a/ADB/Regn/2OO7, dated 22.O2.2014.

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.\ /,. , J ll'l' No.5,12 of )D0

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The lealned Counsel^{for the petitionol s wouidfurther} submit that while^{admitting the writ peti :ion, this Court} passed interim orders^{in I.A.No. Iof 2020rr WP No'542 of} 2O2O on 21 04.2O2O^{directing the respon'lents to receivc} the documcnts^{pertaining tothe land inSy'No 61 ot} Asifabad Village and^{Mandai,Kumarnrbhe:em-Asifabad} District, if tlLe documents^{are in order,sul' iect to the result} o[ the u,rit^{petition. In spite of same, the I cspondents have} not register the^{d ocuments presentcd b-r ihc petitioners'} He would further^{submitthat, even after 1z pse of more ttran} five years, the rcspondcnts^{did not chose to file counter or} vacate petition denying^{theavermentr;made bythe} petitioners in the^{writ affidavitand requcstedto direct the} respondenLs to^{receiveandregister rhedocuments} presented l.ry the petitioners^{pertaining to the suit schedule} land.

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The Assistant^{Government Pleader ri'ouldsubmit that} pursuant 1o the interim orders^{passed by this Courton} -- - 2r.04.202() in I.A.No. I of 2020 in wP N0.542 0f 2020,^the

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s/(, J WP !t'o.542 of 2020

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petitioners have not presented any documents for registration arrd il the petitioners presents the documents, the respondents will follow the procedure conternplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908')

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The Section 71 of the Act reads as follows:

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Reasons for refusal to register to be recorded.-

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(1) Every Sub Registrar refusing to register a document, except on the ground that the propcrtv to which it relates is not situated within his subdistrict shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the rvords "rcgistration refuscd" on the document; and, on application madc by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under Lhe provisions hereinafter contained, the document is directed to be registered.

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In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ

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.r ti. J lV I' No.542 ol J020

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petition is tlisposed of directing the Registe^{ing Authority to} receive, register and release the^{subjectdr, r.:ument,subject} to the petiticners complying u,ith^{the provisions of the Act,} 1908 as wcll as the Indian Stamp Act,^{tB9 it. It wili be open} to the Rr:gistering Authority to relus€r the^document presented before him, if he has any obiection, by^duly asslgnlng reasons ln support of suclr decision and communicate the said dccision to the^{petit;oners.It is made} clear that t his Court has not expressecl any opinlon^on merits of thc case as to the entitlement of^{.he petitioners to} get the subjt:ct document registered.

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Miscellaneous Petitions, il any, pen ling in tl-ris^ivrit petition sirall stald closed. No order as to^r:osts.

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sd/. A.F .S. GOWRI SHANKAR Gs s-lsrarur REGTSTRAR i\

//TRUE COPY//

.. SeCftOru OFFICER

To,

1 The Principa lSecretary, Revenue Dep artment,^Se ariat, T.S.,Hyderabad 2 The District Collector, Kumarambheem^{Asifabad Distri;t} 3 The Chief Exercutive Officer, Telangana State Wakf Board, Razzak^fManzil, Opp. Public Gardens, Nampally, Hyderab ad 4 The District Revenue Officer,^{Kumarambheem Asifabz d District}

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5 The District Registrar, Kumarambheem^{AsifabadDistrct.} 6 The Sub-Reqistrar, Asifabad,^{KumarambheemAsifabiLd District.} 7 One CC to SP.l. VEDULA^{SRlNlvAS,Advocate} [OPUtr] B Two CCs to AGP FOR STAMPS AND^REGISTRATON ,High^{Court for the} State of Telanr;ana at^Hyderabad [OUf]

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I Two CD Copies BM PVL

HIGH COURT

DATED:01 10712025

ORDER

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WP.No.542 of 2020

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/4 4rg & /s^/lt

Durgam Jayamala v. State of Telangana

Case brief

What is this about?

What did the court decide?

Durgam Jayamala v. State of Telangana

Case brief

What is this about?

What did the court decide?

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